When Can a Landlord Terminate a Lease and Seek Eviction?

by | Jun 20, 2017 | LANDLORD TENANT | 0 comments

In California, landlords can generally terminate a month-to-month tenancy by simply giving the tenant 30 to 60 days notice.  Tenants falling under rent control receive additional protections depending on local regulations.  However, California law does allow landlords, under certain circumstances, to terminate a tenancy with as little as THREE days advanced notice.

Landlords can serve tenants with a 3-day eviction notice for:

  • Failure to pay rent
  • Violation of any lease/rental provision
  • Causing substantial damage to the rental property
  • Using the rental property for an unlawful purpose
  • Substantially interfering with other tenants
  • Domestic violence, sexual assault, or stalking another tenant
  • Cultivation, importation, manufacture, or dealing of illegal drugs
  • Conducting dogfighting or cockfighting
  • Unlawful conduct involving weapons or ammunition[1]

The 3-day notice must describe the tenant’s improper conduct or violation of the lease agreement. If the violation can be corrected by the tenant (such as failure to pay rent), the tenant must be given the option to correct the violation. If the violation is corrected within the 3-day window, the tenancy continues. If the lease violation is one that cannot be corrected, the 3-day notice may simply order the tenant to leave the premises at the end of the three days.[2]

Types of 3-day notices:

  • Three-Day Notice to Pay Rent- This type of notice gives the tenant an option to either pay rent in full or vacate the premises within three days. The landlord will generally commence an eviction lawsuit if rent is unpaid at the end of three days.
  • Three-Day Notice to Cure: This type of notice gives the tenant three days to correct a violation of the lease or rental agreement. The landlord will generally commence an eviction lawsuit if the violation is not corrected at the end of three days.
  • Three-Day Unconditional Quit Notice: This type of notice is used for specific and serious violations of the lease or rental agreement. The tenant is not allowed to fix any violations and must vacate the premises within three days of receiving the notice. The landlord will generally commence an eviction lawsuit if the tenant has not vacated the premises after three days.

Landlord can use a Three-Day Unconditional Quit Notice for:

  • Illegal subleases, in violation of the lease or rental agreement
  • Substantial damage to the rental property, caused by the tenant
  • A nuisance in the rental unit, caused or permitted by the tenant
  • Illegal activity on the premises by the tenant

Landlords are required to follow California legal rules and procedures when evicting a tenant. If you have received any type of eviction notice from your landlord, it is important to address the situation immediately. Contact our office or a local attorney to dis

[1] Code of Civil Procedure Section 1161(2)-(4).

[2] Code of Civil Procedure Section 1162 paragraph 2.

 

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